49 U.s.c. 30112

§ 30112

TITLE 49—TRANSPORTATION

standards required under subsection (b), the Secretary shall consider whether to require the phase-in
according to different types of motor vehicles based
on data demonstrating the frequency by which various types of motor vehicles have been involved in
backing incidents resulting in injury or death. If the
Secretary determines that any type of motor vehicle
should be given priority, the Secretary shall issue
regulations that specify—
‘‘(A) which type or types of motor vehicles shall
be phased-in first; and
‘‘(B) the percentages by which such motor vehicles shall be phased-in.
‘‘(d) PREVENTING MOTOR VEHICLES FROM ROLLING
AWAY.—
‘‘(1) REQUIREMENT.—Each motor vehicle with an
automatic transmission that includes a ‘park’ position manufactured for sale after September 1, 2010,
shall be equipped with a system that requires the
service brake to be depressed before the transmission
can be shifted out of ‘park’. This system shall function in any starting system key position in which the
transmission can be shifted out of ‘park’.
‘‘(2) TREATMENT AS MOTOR VEHICLE SAFETY STANDARD.—A violation of paragraph (1) shall be treated as
a violation of a motor vehicle safety standard prescribed under section 30111 of title 49, United States
Code, and shall be subject to enforcement by the Secretary under chapter 301 of such title.
‘‘(3) PUBLICATION OF NONCOMPLIANT VEHICLES.—
‘‘(A) INFORMATION SUBMISSION.—Not later than 60
days after the date of the enactment of this Act
[Feb. 28, 2008], for the current model year and annually thereafter through 2010, each motor vehicle
manufacturer shall transmit to the Secretary the
make and model of motor vehicles with automatic
transmissions that include a ‘park’ position that do
not comply with the requirements of paragraph (1).
‘‘(B) PUBLICATION.—Not later than 30 days after
receiving the information submitted under subparagraph (A), the Secretary shall publish and otherwise make available to the public through the
Internet and other means the make and model of
the applicable motor vehicles that do not comply
with the requirements of paragraph (1). Any motor
vehicle not included in the publication under this
subparagraph shall be presumed to comply with
such requirements.
‘‘(e) DEFINITION OF MOTOR VEHICLE.—As used in this
Act and for purposes of the motor vehicle safety standards described in subsections (a) and (b), the term
‘motor vehicle’ has the meaning given such term in section 30102(a)(6) [now 30102(a)(7)] of title 49, United
States Code, except that such term shall not include—
‘‘(1) a motorcycle or trailer (as such terms are defined in section 571.3 of title 49, Code of Federal Regulations); or
‘‘(2) any motor vehicle that is rated at more than
10,000 pounds gross vehicular weight.
‘‘(f) DATABASE ON INJURIES AND DEATHS IN NONTRAFFIC, NONCRASH EVENTS.—
‘‘(1) IN GENERAL.—Not later than 12 months after
the date of the enactment of this Act [Feb. 28, 2008],
the Secretary shall establish and maintain a database
of injuries and deaths in nontraffic, noncrash events
involving motor vehicles.
‘‘(2) CONTENTS.—The database established pursuant
to paragraph (1) shall include information regarding—
‘‘(A) the number, types, and causes of injuries and
deaths resulting from the events described in paragraph (1);
‘‘(B) the make, model, and model year of motor
vehicles involved in such events, when practicable;
and
‘‘(C) other variables that the Secretary determines will enhance the value of the database.
‘‘(3) AVAILABILITY.—The Secretary shall make the
information contained in the database established
pursuant to paragraph (1) available to the public
through the Internet and other means.

Page 752

‘‘SEC. 3. CHILD SAFETY INFORMATION PROGRAM.
‘‘(a) IN GENERAL.—Not later than 9 months after the
date of the enactment of this Act [Feb. 28, 2008], the
Secretary shall provide information about hazards to
children in nontraffic, noncrash incident situations
by—
‘‘(1) supplementing an existing consumer information program relating to child safety; or
‘‘(2) creating a new consumer information program
relating to child safety.
‘‘(b) PROGRAM REQUIREMENTS.—In carrying out the
program under subsection (a), the Secretary shall—
‘‘(1) utilize information collected pursuant to section 2(f) regarding nontraffic, noncrash injuries, and
other relevant data the Secretary considers appropriate, to establish priorities for the program;
‘‘(2) address ways in which parents and caregivers
can reduce risks to small children arising from back
over incidents, hyperthermia in closed motor vehicles, accidental actuation of power windows, and any
other risks the Secretary determines should be addressed; and
‘‘(3) make information related to the program
available to the public through the Internet and
other means.
‘‘SEC. 4. DEADLINES.
‘‘If the Secretary determines that the deadlines applicable under this Act cannot be met, the Secretary
shall—
‘‘(1) establish new deadlines; and
‘‘(2) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of
the Senate of the new deadlines and describing the
reasons the deadlines specified under this Act could
not be met.’’
IMPROVING CRITERIA USED IN A RECALL
Pub. L. 106–414, § 15, Nov. 1, 2000, 114 Stat. 1808, provided that:
‘‘(a) REVIEW OF STANDARDS AND CRITERIA USED IN
OPENING A DEFECT OR NONCOMPLIANCE INVESTIGATION.—
The Secretary shall, not later than 30 days after the
date of the enactment of this Act [Nov. 1, 2000], undertake a comprehensive review of all standards, criteria,
procedures, and methods, including data management
and analysis used by the National Highway Traffic
Safety Administration in determining whether to open
a defect or noncompliance investigation pursuant to
subchapter II or IV of chapter 301 of title 49, United
States Code, and shall undertake such steps as may be
necessary to update and improve such standards, criteria, procedures, or methods, including data management and analysis.
‘‘(b) REPORT TO CONGRESS.—Not later than 1 year
after the date of the enactment of this Act [Nov. 1,
2000], the Secretary shall transmit to the Committee on
Commerce [now Committee on Energy and Commerce]
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate
a report describing the Secretary’s findings and actions
under subsection (a).’’

§ 30112. Prohibitions on manufacturing, selling,
and importing noncomplying motor vehicles
and equipment
(a) GENERAL.—(1) Except as provided in this
section, sections 30113 and 30114 of this title, and
subchapter III of this chapter, a person may not
manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate
commerce, or import into the United States,
any motor vehicle or motor vehicle equipment
manufactured on or after the date an applicable
motor vehicle safety standard prescribed under
this chapter takes effect unless the vehicle or
equipment complies with the standard and is

Page 753

§ 30112

TITLE 49—TRANSPORTATION

covered by a certification issued under section
30115 of this title.
(2) Except as provided in this section, sections
30113 and 30114 of this title, and subchapter III of
this chapter, a school or school system may not
purchase or lease a new 15-passenger van if it
will be used significantly by, or on behalf of, the
school
or
school
system
to
transport
preprimary, primary, or secondary school students to or from school or an event related to
school, unless the 15-passenger van complies
with the motor vehicle standards prescribed for
school buses and multifunction school activity
buses under this title. This paragraph does not
apply to the purchase or lease of a 15-passenger
van under a contract executed before the date of
enactment of this paragraph.
(3) Except as provided in this section, section
30114, subsections (i) and (j) of section 30120, and
subchapter III, a person may not sell, offer for
sale, introduce or deliver for introduction in
interstate commerce, or import into the United
States any motor vehicle or motor vehicle
equipment if the vehicle or equipment contains
a defect related to motor vehicle safety about
which notice was given under section 30118(c) or
an order was issued under section 30118(b). Nothing in this paragraph may be construed to prohibit the importation of a new motor vehicle
that receives a required recall remedy before
being sold to a consumer in the United States.
(b) NONAPPLICATION.—This section does not
apply to—
(1) the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a motor vehicle or motor vehicle
equipment after the first purchase of the vehicle or equipment in good faith other than for
resale;
(2) a person—
(A) establishing that the person had no
reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment does not comply with applicable motor vehicle safety standards prescribed under this chapter;
(B) holding, without knowing about the
noncompliance and before the vehicle or
equipment is first purchased in good faith
other than for resale, a certificate issued by
a manufacturer or importer stating the vehicle or equipment complies with applicable
standards prescribed under this chapter; or
(C) having no reason to know, despite exercising reasonable care, that a motor vehicle
or motor vehicle equipment contains a defect related to motor vehicle safety about
which notice was given under section
30118(c) or an order was issued under section
30118(b);
(3) a motor vehicle or motor vehicle equipment intended only for export, labeled for export on the vehicle or equipment and on the
outside of any container of the vehicle or
equipment, and exported;
(4) a motor vehicle the Secretary of Transportation decides under section 30141 of this
title is capable of complying with applicable
standards prescribed under this chapter;
(5) a motor vehicle imported for personal use
by an individual who receives an exemption
under section 30142 of this title;

(6) a motor vehicle under section 30143 of
this title imported by an individual employed
outside the United States;
(7) a motor vehicle under section 30144 of
this title imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle
equipment under section 30145 of this title requiring further manufacturing;
(9) a motor vehicle that is at least 25 years
old; or
(10) the introduction of a motor vehicle in
interstate commerce solely for purposes of
testing or evaluation by a manufacturer that
agrees not to sell or offer for sale the motor
vehicle at the conclusion of the testing or
evaluation and that prior to the date of enactment of this paragraph—
(A) has manufactured and distributed
motor vehicles into the United States that
are certified to comply with all applicable
Federal motor vehicle safety standards;
(B) has submitted to the Secretary appropriate manufacturer identification information under part 566 of title 49, Code of Federal Regulations; and
(C) if applicable, has identified an agent
for service of process in accordance with
part 551 of such title.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 945;
Pub. L. 109–59, title X, § 10309(b), Aug. 10, 2005, 119
Stat. 1942; Pub. L. 112–141, div. C, title I, § 31207,
July 6, 2012, 126 Stat. 761; Pub. L. 114–94, div. B,
title XXIV, § 24404, Dec. 4, 2015, 129 Stat. 1721.)
HISTORICAL AND REVISION NOTES
Revised
Section
30112(a) ......

Source (U.S. Code)
15:1397(a)(1)(A).

15:1397(c)(1).

30112(b)
(1)–(3).

15:1397(a)(2)(D),
(b)(1) (1st sentence), (2).

15:1397(b)(3).

30112(b)
(4)–(8).
30112(b)(9) ..

Source (Statutes at Large)
Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(1)(A), 80 Stat. 722;
Oct. 27, 1974, Pub. L.
93–492, § 103(a)(1), 88 Stat.
1477; Oct. 31, 1988, Pub. L.
100–562, § 2(c), (d), 102 Stat.
2824.
Sept. 9, 1966, Pub. L. 89–563,
80 Stat. 718, § 108(c)(1), (i);
added Oct. 31, 1988, Pub. L.
100–562, § 2(b), 102 Stat.
2818, 2823.
Sept. 9, 1966, Pub. L. 89–563,
§ 108(a)(2)(D), (b)(1) (1st
sentence), (2), 80 Stat. 722;
Oct. 27, 1974, Pub. L.
93–492, § 103(a)(1), 88 Stat.
1477, 1478.
Sept. 9, 1966, Pub. L. 89–563,
§ 108(b)(3), 80 Stat. 723;
Oct. 27, 1974, Pub. L.
93–492,
§ 103(a)(1)(B),
88
Stat. 1478; Oct. 31, 1988,
Pub. L. 100–562, § 2(a), 102
Stat. 2818.

(no source).
15:1397(i).

In subsection (a), the words ‘‘Except as provided in
this section . . . and subchapter III of this chapter’’ are
substituted for 15:1397(c)(1) to eliminate unnecessary
words and because of the restatement. The reference to
section 30113 is added for clarity.
In subsection (b), before clause (1), the text of
15:1397(a)(2)(D) is omitted as obsolete because under
section 30124 of the revised title a standard prescribed
under this chapter may not allow compliance by use of
a safety belt interlock or a continuous buzzer. In clause
(2)(A), the words ‘‘despite exercising reasonable care’’
are substituted for ‘‘in the exercise of due care’’ for
clarity and consistency in the revised title. The words
‘‘motor vehicle safety standards prescribed under this
chapter’’ are substituted for ‘‘Federal motor vehicle

§ 30113

TITLE 49—TRANSPORTATION

safety standards’’ for clarity and consistency in this
chapter. In clause (2)(B), the words ‘‘without knowing
about the noncompliance’’ are substituted for ‘‘unless
such person knows that such vehicle or equipment does
not so conform’’ to eliminate unnecessary words and
for consistency in the revised title. Clauses (4)–(8) are
added to provide cross–references to sections restating
exceptions to the general rule restated in subsection (a)
of this section.
Editorial Notes
REFERENCES IN TEXT
The date of enactment of this paragraph,
in subsec. (a)(2), is the date of enactment
109–59, which was approved Aug. 10, 2005.
The date of enactment of this paragraph,
in subsec. (b)(10), is the date of enactment
114–94, which was approved Dec. 4, 2015.

referred to
of Pub. L.
referred to
of Pub. L.

AMENDMENTS
2015—Subsec. (b)(10). Pub. L. 114–94 added par. (10).
2012—Subsec. (a)(3). Pub. L. 112–141, § 31207(1), added
par. (3).
Subsec. (b)(2)(C). Pub. L. 112–141, § 31207(2), added subpar. (C).
2005—Subsec. (a). Pub. L. 109–59, which directed
amendment of section 30112(a), without specifying the
title to be amended, by designating existing provisions
as par. (1) and adding par. (2), was executed to this section, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2012 AMENDMENT
Amendment by Pub. L. 112–141 effective Oct. 1, 2012,
see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note
under section 101 of Title 23, Highways.

§ 30113. General exemptions
(a) DEFINITION.—In this section, ‘‘low-emission
motor vehicle’’ means a motor vehicle meeting
the standards for new motor vehicles applicable
to the vehicle under section 202 of the Clean Air
Act (42 U.S.C. 7521) when the vehicle is manufactured and emitting an air pollutant in an
amount significantly below one of those standards.
(b) AUTHORITY TO EXEMPT AND PROCEDURES.—
(1) The Secretary of Transportation may exempt, on a temporary basis, motor vehicles from
a motor vehicle safety standard prescribed
under this chapter or passenger motor vehicles
from a bumper standard prescribed under chapter 325 of this title, on terms the Secretary considers appropriate. An exemption may be renewed. A renewal may be granted only on reapplication and must conform to the requirements of this subsection.
(2) The Secretary may begin a proceeding
under this subsection when a manufacturer applies for an exemption or a renewal of an exemption. The Secretary shall publish notice of the
application and provide an opportunity to comment. An application for an exemption or for a
renewal of an exemption shall be filed at a time
and in the way, and contain information, this
section and the Secretary require.
(3) The Secretary may act under this subsection on finding that—
(A) an exemption is consistent with the public interest and this chapter or chapter 325 of
this title (as applicable); and

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(B)(i) compliance with the standard would
cause substantial economic hardship to a manufacturer that has tried to comply with the
standard in good faith;
(ii) the exemption would make easier the development or field evaluation of a new motor
vehicle safety feature providing a safety level
at least equal to the safety level of the standard;
(iii) the exemption would make the development or field evaluation of a low-emission
motor vehicle easier and would not unreasonably lower the safety level of that vehicle; or
(iv) compliance with the standard would prevent the manufacturer from selling a motor
vehicle with an overall safety level at least
equal to the overall safety level of nonexempt
vehicles.
(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an exemption under subsection (b) of this section shall include the following information in the application:
(1) if the application is made under subsection (b)(3)(B)(i) of this section, a complete
financial statement describing the economic
hardship and a complete description of the
manufacturer’s good faith effort to comply
with each motor vehicle safety standard prescribed under this chapter, or a bumper standard prescribed under chapter 325 of this title,
from which the manufacturer is requesting an
exemption.
(2) if the application is made under subsection (b)(3)(B)(ii) of this section, a record of
the research, development, and testing establishing the innovative nature of the safety feature and a detailed analysis establishing that
the safety level of the feature at least equals
the safety level of the standard.
(3) if the application is made under subsection (b)(3)(B)(iii) of this section, a record of
the research, development, and testing establishing that the motor vehicle is a low-emission motor vehicle and that the safety level of
the vehicle is not lowered unreasonably by exemption from the standard.
(4) if the application is made under subsection (b)(3)(B)(iv) of this section, a detailed
analysis showing how the vehicle provides an
overall safety level at least equal to the overall safety level of nonexempt vehicles.
(d) ELIGIBILITY.—A manufacturer is eligible for
an exemption under subsection (b)(3)(B)(i) of
this section (including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard
referred to in subsection (b)(1)) only if the Secretary determines that the manufacturer’s total
motor vehicle production in the most recent
year of production is not more than 10,000. A
manufacturer is eligible for an exemption under
subsection (b)(3)(B)(ii), (iii), or (iv) of this section only if the Secretary determines the exemption is for not more than 2,500 vehicles to be
sold in the United States in any 12-month period.
(e) MAXIMUM PERIOD.—An exemption or renewal under subsection (b)(3)(B)(i) of this section may be granted for not more than 3 years.
An exemption or renewal under subsection
(b)(3)(B)(ii), (iii), or (iv) of this section may be
granted for not more than 2 years.